Presentation on theme: "Fighting corruption in the Italian Public Sector Law November 6 2012 Prof. Fabio Cintioli Scuola Nazionale di Amministrazione."— Presentation transcript:
Fighting corruption in the Italian Public Sector Law November 6 2012 Prof. Fabio Cintioli Scuola Nazionale di Amministrazione
Corruption in Italian Public Sector (i) a problem for the Administration, in terms of compliance with European and national regulations; in terms of reaching the goals of public bodies and assessing the national public interest (buona amministrazione ex art. 97 Costituzione della Repubblica italiana); (ii) a violation of fundamental European rights, according to the citizens’ right to good administration; (iii) a weakness for the institutional and economic system as a whole in the era of crisis.
The tools of the new law: (i) new criminal offences; (ii) a code of conduct for the administration provided by the law: anticorruption as an intermediary level between the criminal sector and the administrative regulation; a new meaning of the word corruption in the Italian legal system;
(iii) enhancing transparency; (iv) assessing potential conflicts of interest in the public bodies; (v) improving competition in the public procurement sector.
New offences Corruption between private parties An increase in sanctions More information shared between public bodies and criminal prosecutors
More transparency in administrative procedures Law August 8, 1990, n. 241: transparency in administrative procedures in order to protect a single citizen’s particular right before the Administrative Bodies: the defensive function of transparency; Transparency as a value: the interest of the citizens (and political parties, NGOs, etc.) in having a full knowledge of public actions in order to make the Public Sector fully accountable.
e.g. the obligation to explain the legal and factual basis of a permit (the duty of a full explanation of the decisions: article 3, law 1990 n. 241): in the interest of the citizen who is asking for it and in the general interest in a transparent administrative action; the role of the internet; the use of internet as a duty for officials;
> the right of access to administrative documents and information: from the entitlement of the single citizen who is interested in the particular procedure to the widespread right allowed to every citizen;
More transparency about the personal situation, performance and interest of officials and employees The anticorruption programs and the most sensitive sectors: (i) The anticorruption program of the Public Sector Ministry; (ii) The anticorruption program of the single Administrative Body;
(iii) giving the rules of a new code of conduct to the Public Sector; (iv) preventing corruption and wrongdoing in the internal affairs of the Administration; The role of the official responsible for compliance with the anticorruption law and his own disciplinary liability.
Avoiding the potential conflict of interest in administrative procedures A new regulation about the candidability and the legitimacy of access to parliamentary, governmental and public offices Transparency for elected members of Parliament and Regional Council
New regulation for transparency in public procurement tenders The risky trade-off between regulation and efficiency. The widespread duty of launching tenders in the selection of contractors The extension of the transparency rules to the state-owned company: the limits and pros and cons